The state chronicle. [volume] (Raleigh, N.C.) 1883-1893, 1887-04-14
RALEIGH, N. c.. THURSDAY, APRIL II, 1887.

And any of the circuit courts or Ine
United States within the jurisdiction of
which such inquiry is carried on may, in
case of eontumacy Or refusal to obey a
subpoena issued 10 any common carrier
subject to the provisions of this act, or
other arson, issue an order requiring
snch common carrier or other person to
appear f,efOre said commission land pro-
duce books and papers if so orderetD and
give evidence touching the matter in ques-
ton; and any failure to obey such order
of the court may be punished by such
court as contempt thereof. The claim
that any such testimony or evidence may
tend to criminate the person giving such
evidence shall not excuse such witness
from testifying; but such evidence or tes-
timony shall not be used against such per-
son on the trial of any criminal proceed
ing.
Complaints to Observation-Disclosures
by Common Carrier.
See 13. That any person, firm, corpora
ton association, any mercantile,
agricultural or manufacturing society, or
any body polite or municipal OrganiZa-
tion complaining of anything done or
omitted to be done by any common carrier
subject to the provisions of this act in
contravention of the provisions thereof,
may apply to said commission by petition,
which shall briefly state the facts; where
upon a statement of the charges thus
made shall be forwarded by the commits
sion to such common carrier, who shall
be called upon to satisfy the complaint or
to answer the same in writing within
reasonable time, to be specified by the
commission. If such common carrier
within the time specified, shall make repa-
ration for the I'M ury alleged to have been
done, said carrier shall be relieved of liza
bility to the complainant only for the par
ucular violation of law thus complained
of. If such carrier shall not satisfy the
complaint within the time specified, or
there shall appear to be any reasonable
ground for investigating said complaint,
it shall be the duty of the commission to
investigate the matters complained of in
such manner and by such meanSas it
shall deem proper.
investigation by Commission.
Said commission shall III like manner
investigate any complaint forwarded by
the railroad commissioner or railroad
commission of any state or territory at
the request of such commissioner or COM
mission, and may institute any inquiry
on its own motion in the same manner
and to the same effect as though COM
paint had been made.
No complaint shall at any time be dis
missed because of the absence of direct
damage to the complainant.
Findings of Commission Prima Facie
Evidence.
II. That whenever an investiga-
be made by said commission it
3 duty to make a report in writ
5pect thereto, which shall include
-..eiings of fact upon which the con-
customs OF the commission are based to-
gether with it's recommendation or what
reparation, if any, should be made by the
common carrier to any party parties
who may be found to have been injured;
mol, fiv1 1iv,rr, do Shol fhayo ffar
in all judicial proceedings be deemed
prima facie evidence to each and every
fact found
Reports of Investigations.
All reports of investigation made by
the commission shall he entered of record
and copy thereof shall be furnished to
the party who may have complained and
to any common carrier that may have
been complained of.
Notifcation to Common Carrier Of Viola
tion of Act.
Sec. Is. Tint if in any case in which an
Investigation shall be made by said COM
mission it shall be made to appear to the
satisfaction of the commission, either by
:he testimony of witnesses or other evil
dence, that anything has been done or
omitted 10 be done in violation of the pro-
visions of this act, OF of any law cogniza-
bic by said commission, by any common
been sustained by the party parties
complaining, or by other parties aggrieved
i'll consequence of any such violation, it
shall be the duty of the commission to
forthwith cause copy Of its report in re-
spect thereto to be delivered to such com
mon carrier, together with a notice to said
common carrier to cease and desist from
such violation, or to make reparation for
the injury so found to have been done, or
both, within a reasonable time, to be speci-
fled by the commission; and if, within the
time specified, it shall be made to appear
to the commission that such common car
rier has ceased from such violation of law,
and has made reparation for the injury
found to have been done, in compliance
with the report and notice of the commits
sion, OF to the satisfaction of the party
complaining, statement to that effect
shall he entered of record by the commits
sion, and the said common carrier shall
thereupon be relieved from further iabil
ity or penalty for such particular violation
of law.
Petition to United states Courts-Hear-
ing of Complaints Against Carriers.
Injunction.
Sec Is. That whenever any common
carrier, as defined in and subject to the
provisions of this act shall violate or re-
fuse or neglect to obey any lawful order
or requirement of the commission in this
act named. it shall be the duty Of the
commission, and lawful for any company
or person interested in such order or re-
Quirement, to apply, in a summary way,
by petition, to the circuit court of the
United States sitting in equity in the
judicial district in which the common
carrier complained of has its principal
office, or in which the violation or dis
obedience of such order or requirement
shall happen, alleging such violation or
disobedience, as the case may be; and the
said court shall have power to hear and
determine the matter on such short notice
to the common carrier complained of, as
the court shall deem reasonable; and such
notice may be served on such common
carrier, his or its officers, agents, or serv-
ants, in such manner as the court shall
direct; and said court shall proceed to
hear and determine the matter speedily as
q court of equity, and without the formal
plea,lings and proceedings applicable TO
ordinary suits in equity but IL such man
| ner as to do justice in the premises; and
| to this end s,ch coact shall have power, If
| it think fit, 70 direct and prosecute, in
| such mode and by such persons as II may
| appoint, all such inquiries as the court
may think needful to enable 1t to form
just judgment in the matter of such
| petition; and on such hearing the report
Of said commission shall be prima facie
| evidence of the matters therein stated; and
| If it be made to appear to such court, on
| such hearing or on report of any such
| person or persons, that the lawful order
| or requirement of said commission drawn
in question has been violated or disobe yed,
| it shall be lawful for such court to issue a
| writ of injunction or other proper process,
! mandatory or otherwise, to restrain such
4 e.